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ZEMINA v. SOLEM

Nos. 77-1899, 77-1846.

573 F.2d 1027 (1978)

Fred J. ZEMINA, Appellee-Appellant, v. Herman SOLEM, as the duly appointed, qualified and acting Warden of the South Dakota State Penitentiary, Appellant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 10, 1978.

Attorney(s) appearing for the Case

Peter H. Lieberman, Asst. Atty. Gen., Pierre, S. D., for appellant-appellee; William J. Janklow, Atty. Gen., Pierre, S. D., on brief.

Stuart L. Tiede, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for appellee-appellant.

Before LAY and BRIGHT, Circuit Judges, and VAN SICKLE, District Judge.

PER CURIAM.

Herman Solem, acting warden of the South Dakota State Penitentiary, appeals from a district court order granting habeas corpus relief to prisoner Fred J. Zemina.1 Zemina cross-appeals, contending that the district court erred in rejecting several other grounds asserted in his petition. We affirm.

Zemina was convicted of first degree manslaughter in a South Dakota state court and sentenced to life imprisonment. The Supreme...

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